Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

Natasha McKeever argues that prima facie, a friends-with-benefits relationship can be, at the same time, a good friendship. This is because sex is compatible with friendship in that it can complement and potentially even strengthen the three core characteristics of friendship: mutual liking, mutual caring, and mutual sharing. She acknowledges that, by generating uncertainty and having the potential to generate feelings of romantic love, sex does pose risks to friendship. However, she argues that while these risks are significant considerations, (...) they can be mitigated and managed and so do not provide strong reasons against friends-with-benefits relationships. (shrink)

This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

Refugees and asylum seekers may experience challenges related to pre-arrival experiences, structural disadvantage after migration and during resettlement requiring the need for special protection when participating in research. The aim was to review if and how people with refugee and asylum seeker backgrounds have had their need for special protection addressed in national and international research ethics guidelines. A systematic search of grey literature was undertaken. The search yielded 2187 documents of which fourteen met the inclusion criteria. Few guidelines addressed (...) specific ethical considerations for vulnerable groups much less people with refugee and asylum seeker backgrounds. One guideline explicitly addressed vulnerability for refugees and asylums seekers. To ensure members of ethics committees and researchers consider the potential challenges of conducting research with these groups, guidelines may need to be supplemented with a refugee and asylum seeker specific research ethics framework. Such a framework may be necessary to optimally protect people with refugee and asylum seeker backgrounds in research. (shrink)

Creativity is an imperative need of the twenty-first century, and it seems to be a skill that will monopolize interest for many years. It is, in substance, a newly established scientific field and despite attempts to encroach on the science of psychology, its origin and functions have not been probed yet. Still, it continues to be researched, with ever-increasing vigor, almost in every area of science and action, with the main scope of potential exploitation being education. The philosophical foundation of (...) creativity has not reached the depths that one would expect, and most scientists-thinkers (and... (shrink)

Early life -- The decline of Athens -- The making of a philosopher -- A self-proclaimed gadfly -- Socrates on trial -- Socrates' execution and legacy.

This paper describes how to ethically conduct research with Black populations at the intersection of COVID-19 and the Black Lives Matter movement. We highlight the issues of historical mistrust in the USA and how this may impact Black populations’ participation in COVID-19 vaccination trials. We provide recommendations for researchers to ethically engage Black populations in research considering the current context. Our recommendations include understanding the impact of ongoing trauma, acknowledging historical context, ensuring diverse research teams and engaging in open and (...) honest conversations with Black populations to better address their needs. The core of our recommendation is recognising the impact of trauma in our research and health care practices. (shrink)

Asexuality is overlooked in the philosophical literature and in wider society. Such neglect produces incomplete or inaccurate accounts of romantic life and harms asexual people. We develop an account of asexuality to redress this neglect and enrich discussion of romantic life. Asexual experiences are diverse. Some asexual people have sex; some have romantic relationships in the absence of sex. We accept the common definition of asexuality as the absence of sexual attraction and explain how sexual attraction and sexual desire differ (...) by giving an affordance‐like account of sexual attraction. Armed with that distinction, we show that asexuality is clearly different from celibacy or disorders of desire and that some existing philosophical theories of sexual desire struggle to accommodate asexual sexuality. We then build on asexual testimony about the diversity of non‐sexual attractions to answer two common objections levelled at asexual romance: that romantic relationships require sexual attraction or that sex in the absence of sexual attraction is insufficiently focused on someone as an individual. Finally, we describe some of the ways asexuality has been erased or denigrated in society, and the specific injustices and harms that result. (shrink)

Aversive autobiographical memories sometimes prompt maladaptive emotional responses and contribute to affective dysfunction in anxiety and depression. One way to regulate the impact of such memories is to create a downward counterfactual thought–a mental simulation of how the event could have been worse–to put what occurred in a more positive light. Despite its intuitive appeal, counterfactual thinking has not been systematically studied for its regulatory efficacy. In the current study, we compared the regulatory impact of downward counterfactual thinking, temporal distancing, (...) and memory rehearsal in 54 adult participants representing a spectrum of trait anxiety. Participants recalled regretful experiences and rated them on valence, arousal, regret, and episodic detail. Two to six days later, they created a downward counterfactual of the remembered event, thought of how they might feel about it 10 years from now, or simply rehearsed it. A day later, participants re-rated the phenomenological characteristics of the events. Across all participants, downward counterfactual thinking, temporal distancing, and memory rehearsal were equally effective at reducing negative affect associated with a memory. However, in individuals with higher trait anxiety, downward counterfactual thinking was more effective than rehearsal for reducing regret, and it was as effective as distancing in reducing arousal. We discuss these results in light of the functional theory of counterfactual thinking and suggest that they motivate further investigation into downward counterfactual thinking as a means to intentionally regulate emotional memories in affective disorders. (shrink)

In Canada, much media attention has recently been focused on the formation of arbitration tribunals that would use Islamic law or Sharia to settle civil matters in Ontario. In fact, the idea of private parties voluntarily agreeing to arbitration using religious principles or a foreign legal system is not new. Ontario's Arbitration Act has allowed parties to resolve disputes outside the traditional court system for some time. This issue has been complicated by the fact that Canada has a commitment to (...) upholding both a policy of multiculturalism and an international obligation towards women's rights. Although these values need not necessarily conflict, in this context, they have carried a tension that must be reconciled. This paper will examine the legal implications of faith-based arbitration tribunals in family law, with a particular emphasis on the impact that Sharia could have on Muslim women in Ontario. (shrink)

In this paper I will consider whether there is something intelligible in finding value in having or aspiring to a certain kind of relationship which includes sex as a central feature. I argue that a scientific explanation can tell us only about the mechanics of sex, not what it feels like or means to us. Thus, we need to consider the meaning and significance of sex in relation to what we typically value about romantic love. I argue that sex is (...) partly constitutive of the central goods of romantic relationships, and can be an important vehicle for romantic love in two ways. It can express romantic love and it can ‘make love’, creating and intensifying it. This is because four of the central goods that we want from romantic love: 1) pleasure, (2) intimacy, (3) vulnerability and care and (4) union, can all be found in sex. Because of this, we seek romantic partners to whom we are sexually attracted and we are sexually attracted to people, in part, because they would make a good romantic partner to us. Nonetheless, this does not imply that a romantic relationship becomes less valuable the less sex it includes. (shrink)

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

This study aims to investigate the spillover impact of work-family/family–work conflict and stress on five major industrial sectors, during the first wave of Covid-19. The purpose of this cross-sectional study is twofold; firstly, to test a hypothesized model where work-family/family-work conflicts are related to stress and where stress could exert a mediating role in such relationships. Secondly, we seek to explore the presence of these conflicts and stress in each of the five major industrial sectors and evaluate if there are (...) significant differences between them, identifying the sociodemographic characteristics associated. Two questionnaires were applied to 748 employees from the selected industries. According to our results, stress predicts both types of conflict and also exerts a mediator role. It was primarily found that the five sectors are significantly different regarding the work-family/family-work conflicts and stress. Findings and implications are discussed. (shrink)

The definition of consumerism is multifaceted, extending from the consumption of goods and services to its more negative connotations: the obsessive consumption of goods, exploitation of the people who create them and greed. In a society heavily influenced by consumerism, we find ourselves manipulated by social media and targeted advertising to buy goods or to cultivate a certain lifestyle, raising important ethical questions about responsibility and our autonomy to make decisions. How has the nature of how we create and consume (...) goods evolved and how is this linked to moral responsibility and autonomy? Can it also be argued that there is aesthetic appreciation to be gained from some of the items that we create and consume? (shrink)

In a review of the cell biology and heredity studies of 1900–1910, Bernardino Fantini argues that the choice of an experimental subject or organism was crucial in opening up new discoveries and new theories for specific fields of research.69 Thinking on a broader level, Bütschli expressed a similar view when he stated that an understanding of the true nature and structure of the “elementary organism” was crucial to the whole of biology. In this article we have traced the impact of (...) Bütschli's unicellular model of protozoa up to the general acceptance of the eukaryotic cell as nature's primary organism. We have also seen that Bütschli's vision in the Studien gave birth to Protistenforschung and Zellforschung, sister sciences whose task it was to further and integrate knowledge of the living cell. Of necessity, we have confined ourselves to German scientific developments. However, our attempt to recapture and define the unity and meaning of a biology of the “cell-microcosm” has given us pause to reconsider the development and nature of Wilhelmian biological science. (shrink)

Colleges and universities exist within a political arena where external demands for accountability materialize within a market-driven environment. As a result, government agencies pressure colleges and universities to rely on assessment and transparent reporting to become more market-driven assuming that the competition within the market, led by public choice and institutional selection, will drive improvements in learning and will also self-govern the institutions. This article explores how Foucault informs our conception of neoliberal governmentality through political rationality and technologies of self-governance (...) in order to inform our understanding of accountability in higher education and to challenge institutions to develop a counter dialogue which meets institutional obligations to the public and market. (shrink)

Counterfactual thinking, or simulating alternative versions of occurred events, is a common psychological strategy people use to process events in their lives. However, CFT is also a core com...

Gender differences in children’s and adults’ time use are well documented, but few have examined the intervening period—young adulthood. Because many Americans navigate higher education in young adulthood, college time use provides insight into how gendered behaviors evolve during this critical life stage. Using three years of time use data from the National Longitudinal Survey of Freshmen and latent transition analysis, I examine gender differences in time use within and across the college years for those in selective institutions. Among students (...) whose time use is consistent throughout college, I find that women exhibit academically-oriented time use more often, and men exhibit socially oriented time use more often. However, many men transition from social time use at the beginning of college to academic time use toward the end—to the extent that gender gaps in academic time use converge by the third year. I argue that men and women construct distinct college pathways, and that men, in particular, must reroute their time use to accommodate gendered expectations for the transition to adulthood. (shrink)

For many families, the idea of going out for walks and family adventures can be a dream that is erased by the determination of autistic spectrum in a child. Gaps in the health and quality of life of young people with autism spectrum disorder (ASD) are well documented. One particularly noticeable gap that affects both physical health and quality of life is in the area of outdoor recreation, particularly including outdoor recreation activities such as biking, hiking, running, canoeing/kayaking, horseback riding, (...) and skiing. Of the many outdoor activities to promote physical fitness, hiking is perhaps the most versatile and accessible for people with ASD. Hiking is a natural extension of walking. It is one of the first skills we acquire, one of the most important activities in everyday life and one of the few forms of recreation that does not require specific equipment and conditions. On the other hand, except for perhaps the most densely populated urban areas, there are almost always trails nearby. Lately even urban hikes that move around the city are becoming more and more popular. Whether you’re climbing the mountains at an expert level or hiking a trail, hiking gets your kids moving, which is of utmost importance in our modern society, when childhood seems to be filled more and more with time spent in front of the screens, and for children with autism this can become a serious problem. The main goal of this paper, on the one hand, is to increase awareness of the importance of hiking for psychophysical health, both for people from the general population and for people with ASD, but also to give recommendations for the approach and the way of organizing hiking activities for people with ASD, on the other hand. (shrink)

In response to the increasing number of mentally ill people experiencing homelessness, some policy‐makers have called for the expanded use of involuntary commitment, even for individuals who are not engaging in behaviors that are immediately life‐threatening. Yet there is no evidence that involuntary commitment offers long‐term benefits, and significant reasons to believe that expanding the practice will cause harm. In addition, these proposals ignore research showing that most people with mental illness have the capacity to make medical decisions for themselves. (...) Rather than expanding the use of involuntary commitment, policy‐makers should support approaches proven to decrease the prevalence of homelessness, such as supportive housing. In addition, states should reevaluate their commitment standards for persons who pose no risk of harm to others. One promising approach is Northern Ireland's Mental Health Capacity Act of 2016, which establishes a uniform standard for imposing nonconsensual health care interventions, without any distinction between mental illnesses and other conditions in which capacity might be compromised. (shrink)

This paper presents a discussion of an apparent inconsistency between Hume's moral theory and his moral evaluations of historical characters in his History of England. While Hume considers enthusiasm to be a religious vice, he praises the characters of some historical enthusiasts, blames others, and regards enthusiasm as having a positive social effect. But according to Hume's moral theory, only a virtue can have positive social effect, or be praiseworthy. The paper refers to the inconsistency between the History and the (...) moral theory as the ‘enthusiasm puzzle’. The paper concludes by explaining the inconsistency as being rooted in a problem with Hume's moral theory. (shrink)

Conscience and Conscientious Objection of Health Care Professionals Refocusing the Issue Content Type Journal Article Pages 351-364 DOI 10.1007/s10730-009-9113-x Authors Natasha T. Morton, The University of Western Ontario Ontario Canada N6A 5B9 Kenneth W. Kirkwood, Arthur and Sonia Labatt Health Sciences Building London Ontario Canada N6A 5B9 Journal HEC Forum Online ISSN 1572-8498 Print ISSN 0956-2737 Journal Volume Volume 21 Journal Issue Volume 21, Number 4.

Adolescence is a time of transition from childhood to adulthood during which significant changes occur across multiple domains, including emotional experience. This article reviews the relevant literature on adolescents’ experience of four specific dimensions of emotion: emotional frequency, intensity, instability, and clarity. In an effort to examine how emotional experiences change as individuals approach adulthood, we examine these dimensions across ages 10 to 19, and review how the emotional functioning of adolescents compares to that of adults. In addition, we explore (...) whether and how gender and puberty explain age differences in emotional experience. Finally, we discuss how these findings could inform future research on both the typical trajectory of emotional experience and the development of psychopathology in adolescence. (shrink)

In this acclaimed work, first published in 1986, world-renowned scholar Arthur C. Danto explored the inextricably linked but often misunderstood relationship between art and philosophy. In light of the book's impact--especially the essay "The End of Art," which dramatically announced that art ended in the 1960s--this enhanced edition includes a foreword by Jonathan Gilmore that discusses how scholarship has changed in response to it. Complete with a new bibliography of work on and influenced by Danto's ideas, _The Philosophical Disenfranchisement of (...) Art_ continues to be of interest to anyone who thinks seriously about art, as well as to philosophers, aestheticians, and art historians. (shrink)

Previous work has shown that memory performance in older adults is affected by activation of a stereotype of age-related memory decline. In the present experiment, we examined whether stereotype threat would affect metamemory in older adults; that is, whether under stereotype threat they make poorer judgments about what they could remember. We tested older adults (MAge= 66.18 years) on a task in which participants viewed words paired with point values and “bet” on whether they could later recall each word. If (...) they bet on and recalled a word, they gained those points, but if they bet on and failed to recall a word, they lost those points. Thus, this task required participants to monitor how much they could remember and prioritize high value items. Participants performed this task over six lists of items either under stereotype threat about age-related memory decline or not under stereotype threat. Participants from both groups performed similarly on initial lists, but on later lists, participants under stereotype threat showed impaired performance as indicated by a lower average point score and a lower average gamma coefficient. The results suggest that a modest effect of stereotype threat on recall combined with a modest effect on metacognitive judgments to result in a performance deficit. This pattern of results may reflect an effect of stereotype threat on executive control reducing the ability to strategically use memory. (shrink)

In some cultures, people tend to believe that it is very important to be sexually exclusive in romantic relationships and idealise monogamous romantic relationships; but there is a tension in this ideal. Sex is generally considered to have value, and usually when we love someone we want to increase the amount of value in their lives, not restrict it without good reason. There is thus a call, not yet adequately responded to by philosophers, for greater clarity in the reasons §why (...) it might be reasonable for a couple to adopt a policy of sexual exclusivity. This article argues that we cannot justify the demand for sexual exclusivity by a need to protect the relationship from the risk of one partner ‘trading-up’, or by appealing to jealousy. However, sexual exclusivity can be intelligible if it supports the romantic relationship and helps to distinguish it from other relationships. Nonetheless, sexual exclusivity ought not to be the hegemonic social norm that it currently is in some societies because this diminishes the potential value it might have and gives the idea of faithfulness the wrong focus. (shrink)

The effective reasoning capability of an agent can be defined as its capability to infer, within a given space and time bound, facts that are logical consequences of its knowledge base. In this paper we show how to determine the effective reasoning capability of an agent with limited memory by encoding the agent as a transition system and automatically verifying whether a state where the agent believes a certain conclusion is reachable from the start state. We present experimental results using (...) the Model Based Planner (MBP) which illustrates how the length of the deduction varies for different memory sizes. (shrink)

Are the state’s obligations to victims of its own wrongdoing greater than to persons who have suffered from bad luck? Many people endorse an affirmative answer to this question. Call this the Difference View. This view can seem arbitrary from the perspective of the victims in question; why should a victim of bad luck, who is just as badly off through no fault of her own, be entitled to less assistance from the state than a victim of state-caused wrongful harm? (...) This paper defends a qualified version of the Difference View, the Threshold Version of the Difference View. According to this view, all disadvantaged persons, no matter what the cause of their disadvantage, must be compensated until they reach a minimum threshold of wellbeing; however, among disadvantaged persons above this threshold, full compensation is owed for those who are victims of state wrongdoing, whereas full compensation is not necessarily owed to those who are disadvantaged due to bad luck. (shrink)

Coalition announcement logic is one of the family of the logics of quantified announcements. It allows us to reason about what a coalition of agents can achieve by making announcements in the setting where the anti-coalition may have an announcement of their own to preclude the former from reaching its epistemic goals. In this paper, we describe a PSPACE-complete model checking algorithm for CAL that produces winning strategies for coalitions. The algorithm is implemented in a proof-of-concept model checker.

This text responds to the review forum on The Life and Death of States featuring Clara Maier, Kathryn Ciancia, Charles Maier, and Nathaniel Berman. It considers the place of Central Europe and the Habsburg Empire in our geographies of the modern world. Rather than hopelessly hamstrung by backwardness, the empire and its subjects were, in Clara Maier’s words, “simply struggling more insistently than complacent Westerners with the perplexities of the modern condition.” The text also considers questions of the post-colonial and (...) the post-imperial, literary genre, and the relationship between conceptual clarity and political legitimacy. (shrink)

Anthropology continues to develop both in terms of theory and in relation to the ways in which fieldwork is conducted. Dislocating Anthropology? seeks to capture and represent these developments through a collection of ethnographic essays that are cutting edge, but which do not represent a complete break with what has gone before. In recent years anthropologists have increasingly come to accept that fieldwork in bounded and discrete places is no longer tenable. People can no longer be represented in these static, (...) parochial terms. At the start of the 21st century, and with the possibility of internet connections almost anywhere, we have the potential to move even when we are stationary. Each of the contributors to this collection have identified and attempted to understand sets of relationships that are both temporally and spatially dynamic, that appear to flow into and out of 'the field.' Together, the chapters shed light on a number of methodological conundrums, or dislocations, relating, for example, to locality, identity, fieldwork, and reflexivity. The book is concerned with dislocation as both practice and process, and as such extends a theme that has arguably been central to Anthropology since Malinowski's Trobriand ethnography. (shrink)